As our loved ones age or need nursing care, we often know that a nursing home is a safer and more appropriate choice for them than keeping them living independently or relying on us as caretakers. However, this can leave loved ones vulnerable to abuse and neglect. When this happens, they deserve the chance to hold their abusers accountable and recover damages for the harm done.
If a nursing facility has abused or neglected your loved one, you can rely on a Sherman Oaks nursing home abuse lawyer from Diarian & Bociaga to help you seek justice.
Why Choose Us at Diarian & Bociaga?
Situations of nursing home abuse can be emotionally charged, making it difficult to think through your options. You may be unsure of your rights or how to escalate the situation. As experienced family law attorneys, our team is well-equipped to help clients navigate these intense situations. We will help you identify and understand all of our options for recovering compensation for nursing home abuse.
At Diarian & Bociaga, our approach is dedicated to aggressively advocating for our clients through individualized and cost-effective strategies. We know that every situation is unique and cookie-cutter approaches will not help maximize your recovery.
What is Nursing Home Abuse?
The California Department of Public Health explains that abuse can take many forms. It is important to remember that not all abuse looks the same, but there are often general indicators.
Physical Abuse
Physical abuse is often what we think of when we discuss abuse. This can include hitting, pinching, striking, shaking, or otherwise rough handling. It can also include the inappropriate use of restraints, force, or medications to confine you or control your behavior.
Indicators of physical abuse might include bruising, lacerations, mood swings, or sudden aversion to a certain area or person.
Verbal Abuse
Verbal abuse typically includes screaming or yelling at someone. As well as trying to intimidate or belittle them.
Signs of verbal abuse can include signs of depression and withdrawal, or sudden aversions to certain staff or areas of the facility.
Sexual Abuse
Sexual abuse refers to any kind of sexual contact. This includes sexual coercion and assault. The CDPH states that staff should never have sexual contact with residents.
Indicators of sexual abuse often include marks or bruising on the thighs, neck, breasts, or genitals. They may have urinary tract issues or signs of a sexually transmitted infection. They may also show signs of depression, anxiety, or sleep disruption.
Emotional Abuse
Emotional abuse can include all of the actions of verbal abuse. It often escalates into threats of punishment or abuse, shaming and belittling, and trying to incite fear. This may also include manipulative behavior by encouraging the individual to provide gifts or tips in exchange for attention or necessary care.
Financial Abuse
In a nursing home setting, financial abuse may include charging a resident additional fees for included services, taking items from a resident, asking for money or gifts, or stealing financial information.
Neglect
Neglect is considered a form of abuse and typically refers to a caregiver’s failure to meet basic physical, social, emotional, or medical needs. This may include long periods of isolation, failing to obtain appropriate medical care, or failing to facilitate hygiene and grooming when necessary.
Indicators of neglect may include bed sores, poor hygiene, medical conditions that persist or worsen from lack of treatment, or emotional and mood disturbances. You may also notice significant weight loss or malnutrition.
How Can a Sherman Oaks Nursing Home Lawyer Help Elder Abuse Victims?
When you or a loved one has been the victim of nursing home abuse, the responsible parties may face criminal charges or fines, but those do not help you recover from the abuse. Working with a Sherman Oaks nursing home lawyer can help elder abuse victims recover compensation for the harm done. This compensation can provide additional cushioning to change facilities or cover additional care you may need after the abuse.
The team at Diarian & Bociaga will work diligently to investigate the circumstances of the abuse and injuries. We may provide referrals to providers and specialists who can provide detailed evaluations and treatment plans to support your case and aid in recovery.
When necessary, we can work with APS or licensing and regulatory boards to strengthen your case and ensure larger problems are addressed to prevent further victimization.
Our team will cover the paperwork and heavy lifting of the case, allowing you to focus on yourself and your family. We will provide updates and contact you for input when necessary.
How Long Do I Have To File a Nursing Home Abuse Claim in California?
While you may have differing time constraints regarding calling the police or reporting the facility to Adult Protective Services and licensing bodies, California courts typically allow 2 years from the time of injury to file a civil lawsuit. If you pursue a claim against a government entity, you may have as little as 6 months.
In nursing home abuse cases, you may be eligible for tolling based on the discovery rule, meaning your statute of limitations does not start until you discovered or should have discovered the abuse and associated injuries.
However, you should speak with an attorney to determine how these rules may apply to your situation.
Call Our Sherman Oaks Nursing Home Abuse Lawyer Today
Aging adults are a well-known vulnerable population. This vulnerability, in combination with staff who are overworked and often underappreciated, can create the perfect environment for abuse. Whether a staff member fails to manage their frustration or the facility is negligent in employee vetting or training, the responsible parties should face accountability.
If your loved one has reported abuse in their nursing home, you should take it seriously. You may speak with the facility regarding your concerns, but if you feel that they are not taking them seriously or addressing the issue, it may be time to call Diarian & Bociaga. You can schedule a case consultation online or by phone to discuss your situation. We are committed to our clients and results.